Privacy Policy

Last Modified: December 20, 2019

Poag Shopping Centers LLC and our applicable affiliates and subsidiaries, (collectively, “we,” “our,” or “us,”), respect and are committed to protecting your privacy. That is why we have adopted this Privacy Policy. This Privacy Policy lets you know how and for what purposes we are collecting, processing, and using your Personal Information (as defined herein). We pledge that we will take reasonable steps to ensure that your Personal Information will only be used in ways that are in compliance with this Privacy Policy.

This Privacy Policy is in effect for any web pages, mobile applications, email lists, generic information and Personal Information collected and/or owned by us, no matter the method of collection (e.g., mail, facsimile, sign-up/sign-in page, survey, offline collection), including collection through this website and any online features, services and/or programs we offer (collectively, the Web Properties). Notwithstanding the foregoing, this Privacy Policy is not applicable to any other web pages, mobile applications, social media sites, email lists, generic information or Personal Information collected and/or owned by any entity other than this mall, or any other third parties. Users of the foregoing resources should refer to the Privacy Policy in effect for the applicable owner.

This Privacy Policy also does not apply to information collected by or for us through a means other than the Web Properties. If the same information is collected through the Web Properties and through a means other than the Web Properties, the terms of this Privacy Policy shall apply.

Your Consent to This Privacy Policy and Use of the Web Properties

By using the Web Properties, you consent to the collection and use of your information (including Personal Information) by us as specified above or as we otherwise see fit, in compliance with this Privacy Policy, unless you inform us otherwise by means of the procedure identified below. If we decide to change this Privacy Policy or some part of it, we will make an effort to post those changes on this web page so that you will always be able to understand what information we collect, how we use that information and under what circumstances we may disclose that information to others. Your use of the Web Properties following such publication of any amendment of this Privacy Policy will signify your assent to and acceptance of its revised terms for all previously collected information and information collected from you in the future. We may use comments, information or feedback that you may submit in any manner that we may choose without notice or compensation to you.

Your use of the website is also governed by the Terms of Use located at the link at the bottom of this Privacy Policy.

How Information Is Collected

The types of Personal Information we may collect could include, among other things (collectively, “Personal Information”): (1) contact information (e.g., name, email address) and (2) Internet protocol (or IP) address or device ID/UDID.

We may collect Personal Information about you from the following sources:

• information we receive from you, or on your behalf, through applications, surveys or other forms, or provided by you by filling in forms on our Web Properties;
• information we receive from you through the Web Properties, such as your name, address, email address, IP address or device ID/UDID, the website links and/or IP addresses you used to get to the Web Properties, and your activity while using or reviewing the Web Properties;
• information we receive from your computer or mobile device;
• Records and copies of your correspondence (including email addresses), if you contact us; and
• Your responses to surveys that we might ask you to complete for research purposes.

We may sponsor competitions and/or promotions through the Web Properties. Your participation is entirely voluntary. You may be asked to provide personally identifiable information including, but not limited to, your name, email address or home address or to answer questions in order to participate. We may also transfer Personal Information to certain advertising or marketing partners from whom you have requested to receive information.

Additional Ways that Information is Collected through the Web Properties

As you navigate through and interact with our Web Properties, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:

• Details of your visits to our Web Properties, including traffic data, location data, logs, and other communication data and the resources that you access and use on the Web Properties

• Information about your computer and internet connection, including your IP address, operating system, and browser type.

The information we collect automatically is only statistical data and does not include personal information.  It helps us to improve our Web Properties and to deliver a better and more personalized service, including by enabling us to:

• Estimate our audience size and usage patterns.

• Store information about your preferences, allowing us to customize our Web Properties according to your individual interests.

• Speed up your searches.

• Recognize you when you return to our Web Properties.

The technologies we use for this automatic data collection may include:

Browser Log Files: Our servers automatically log each visitor to the Web Properties and collect and record certain information about each visitor. This information includes or may include your Internet Protocol (“IP”) address, browser language, browser type, operating system, domain names, browsing history (including time spent at a domain, time and date of your visit), referring/exit web pages and URLs, and number of clicks. The domain name and IP address reveal nothing personal about the user other than the IP address from which the visitor has accessed the Web Properties.

Cookies: From time to time, we and/or our advertisers or other third parties may send a “cookie” to your computer. A cookie is a small piece of data that is sent to your Internet browser from a web server and stored on your computer’s hard drive and that can be re-sent to the serving website on subsequent visits. A cookie, by itself, cannot read other data from your hard disk or read other cookie files already on your computer. A cookie, by itself, does not damage your system. We, our advertisers and other third parties may use cookies to identify and keep track of, among other things, those areas of the Web Properties and third party websites that you have visited in the past in order to enhance your next visit to the Web Properties. You can choose whether or not to accept cookies by changing the settings of your Internet browser, but some functionality of the Web Properties may be impaired or not function as intended if you choose not to accept cookies. See the Third Party Opt Out section below.

Web Beacons: Some of our web pages and electronic communications may contain images, which may or may not be visible to you, known as Web Beacons (sometimes referred to as clear gifs). Web Beacons collect only limited information that includes a cookie number; time and date of a page view; and a description of the page on which the Web Beacon resides. We may also carry Web Beacons placed by third party advertisers. These Web Beacons do not carry any Personal Information and are only used to track usage of the Web Properties and activities associated with the Web Properties. See the Third Party Opt out section below.

Unique Identifier: We may assign you a unique internal identifier to help keep track of your future visits. We use this information to gather aggregate demographic information about our visitors, and we use it to personalize the information you see on the Web Properties and some of the electronic communications you receive from us. We keep this information for our internal use, and this information is not shared with others.

Third Party Opt Out: Although we do not presently do so, in the future we may allow third-party companies to serve advertisements and/or collect certain anonymous information when you visit the Web Properties. These companies may use non-personally identifiable information (including, but not limited to, click stream information, browser type, time and date, subject of advertisements clicked or scrolled over) during your visits to the Web Properties in order to provide advertisements about goods and services likely to be of greater interest to you. These companies typically use a cookie or third party Web Beacon to collect this information, as further described above. Through these technologies, the third party may have access to and use non-personalized information about your online usage activity.

You can opt out of certain online behavioral services through any one of the ways described below (you do not need to go to each opt-out site, one is sufficient). After you opt out, you will continue to receive advertisements, but those advertisements will no longer be as relevant to you.

You can opt out via the Network Advertising Initiative industry opt-out at www.networkadvertising.org

You can opt out via the Consumer Choice Page at www.aboutads.info.

You can opt out via the IAB UK’s industry opt-out at www.youronlinechoices.com.

You can also configure your web browser (Chrome, Firefox, Internet Explorer, Safari, etc.) to delete and/or control the use of cookies. More information can be found in the Help system of your browser. It is at your discretion whether you use the opt-out described above or manage cookies via the browser.

Note: If you opt out as described above, you should not delete your cookies. If you delete your cookies, you will need to opt out again.

Use of Personal Information

The Personal Information that we collect is used for four main purposes:

1. To enable the features of the Web Properties, including, but not limited to: (a) operating any competitions or promotions in which you may participate; (b) setting up and managing your online account, including but not limited to our processing your requests for information, and/or providing support services to you; (c) providing services to you, such as free Wi-Fi at our properties, if available;
2. To improve the Web Properties by determining which of our products, features and services are most popular. We may analyze your information and usage information to enable us and our affiliates to provide services to you and develop new features, functionality and services;
3. To personalize your experience on the Web Properties; and
4. To communicate with you and to inform you about our and third parties’ products and services. When requested by you, we (and/or other companies operating at our mall properties and an/or any of our third party service providers) may send you and keep you updated with information about existing and new services, products and special offers, by email, telephone (including, but not limited to, SMS), mail or by means of any other contact details you provide to us or our affiliates, or to such third party service providers.

When Information Is Disclosed

We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.

We may disclose personal information that we collect or you provide as described in this Privacy Policy:

• To our subsidiaries and affiliates.
• To contractors, service providers, and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them, as more fully stated below.
• To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Poag LLC’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by Poag LLC about our Web Properties users is among the assets transferred, and as more fully stated below.
• To fulfill the purpose for which you provide it.
• For any other purpose disclosed by us when you provide the information.
• With your consent.

In addition to the other times or occasions on which we might disclose Personal Information about you, we might also disclose Personal Information when required by law or in the good-faith belief that such disclosure is necessary to: (1) comply with any court order, applicable laws, or legal processes, including to respond to any government or regulatory request or; (2) enforce this Privacy Policy or our Terms of Use; (3) respond to claims that any materials, documents, images, graphics, logos, designs, audio, video and any other information provided to, from or on the Web Properties by you violates the rights of third parties; or (4) protect our rights, property or safety or the rights, property or personal safety of our visitors and the public, or others.

We use reasonable precautions to keep the information that is disclosed to us secure. We provide non-personally identifiable information to our subsidiaries, affiliated companies, and other businesses or persons for the purposes of processing such information on our behalf and promoting the goods and services of our trusted business partners, some or all of which may store some or all of your information on servers outside of the United States. The use of your information by one of our trusted business partners may be subject to that party’s own Privacy Policy.

We may share non-personally identifiable information (such as anonymous user usage data, referring/exit pages and URLs, platform types, number of clicks, etc.) with third parties to demonstrate the usage patterns for advertisements, content, functionality, promotions, competitions, games and/or services on the Web Properties and/or on third party websites.

We also reserve the right to disclose Personal Information and/or non-personally identifiable information in connection with the enforcement of this Privacy Policy and our Terms of Use, to take precautions against liability, to investigate and defend against any third-party claims or allegations, to assist government enforcement agencies, to protect the security or integrity of the Web Properties, and to protect our rights, property, or personal safety and that of our users or others.

We reserve the right to transfer your Personal Information, as well as any other information, in connection with the sale or other disposition of all or part of our business and/or assets. We also cannot make any representations regarding the use or transfer of your Personal Information or other information that we may have in the event of our bankruptcy, reorganization, insolvency, receivership or an assignment for the benefit of creditors, and you expressly agree and consent to the use and/or transfer of your Personal Information or other information in connection with a sale or transfer of some or all of our assets in any of the above described proceedings. Furthermore, we cannot and will not be responsible for any breach of security by any third parties or for any actions of any third parties that receive any of the information that is disclosed to us.

The Web Properties may also link to other websites and contain advertisements of third parties. We are not and cannot be responsible for the privacy policies of those websites of third parties or for how they treat information (including, but not limited to personally identifiable information) about their users.

Information from Children

We do not collect Personal Information from any person that we know to be under the age of thirteen (13). Specifically, the Web Properties are not intended or designed to attract children under the age of thirteen (13). By using the Web Properties, you affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Privacy Policy, and to abide by and comply with this Privacy Policy. In any case, you affirm that you are over the age of 13, as the website is not intended for children under 13 that are unaccompanied by his or her parent or legal guardian. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at info@poagllc.com

Parents should be aware that this Privacy Policy will govern our use of Personal Information, but also that information that is voluntarily given by children – or others – in email exchanges, bulletin boards or the like may be used by other parties to generate unsolicited communications. We encourage all parents to instruct their children in the safe and responsible use of their Personal Information while using the Internet.

Privacy outside the Web Properties

The Web Properties may contain various links to other websites, including, but not limited to, links to websites of various third-party service providers. We are not and cannot be responsible for the privacy practices or the content of any of those other websites. Other than under agreements with certain reputable organizations and companies, and except for third party service providers (as described in this Privacy Policy), we do not share any of the Personal Information that you provide to us with any of the websites to which the Web Properties links, although we may share aggregate, non-personally identifiable information with those other third parties. Please check with those websites in order to determine their privacy policies and your rights under them.

Geographic Limit- Site is not intended for EU residents

The owner of the Website is based in the State of Tennessee in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.  We do not collect the personal information of EU residents.

Choices with Your Personal Information

Whether you submit any Personal Information to us is entirely up to you. You are under no obligation to provide Personal Information. However, this information is essential for the provision and quality of some of the services we offer to you (for example, enabling you to receive free Wi-Fi at one of our properties, if available) so we cannot provide you with certain services if you choose to withhold requested information.

You may choose to prevent us from disclosing or using your Personal Information under certain circumstances (“opt out”). You may opt out of any disclosure or use of your Personal Information for purposes that are incompatible with the purpose(s) for which it was originally collected or for which you subsequently gave authorization by notifying us by one of the methods at the end of this Privacy Policy, or by following the procedures set forth in an electronic communication from us, if applicable. Furthermore, even where your Personal Information is to be disclosed and used in accordance with the stated purposes in this Privacy Policy, you may elect to opt out of such disclosure to and use by a third party that is not acting as our agent. There are some uses from which you cannot opt out, such as our use of your Personal Information in connection with non-personally identifiable information.

Please note that opting out of the disclosure and use of your Personal Information as a prospective employee may prevent you from being hired as an employee to the extent you are using this Web Properties to apply for an open position.

If we collect Personal Information from you, such information will not be disclosed or used by us for purposes that are incompatible with the purpose(s) for which it was originally collected or for which you subsequently gave authorization unless you affirmatively consent to such disclosure and use.

You may opt out of online behavioral advertising by following the instructions set forth above under the above section “Additional Ways That Information Is Collected Through the Web Properties,” subsection “Third Party Opt Out.”

Access and Correction

To access your Personal Information in our possession and correct inaccuracies of that information in our records, please contact us in the manner specified at the end of this Privacy Policy. We ask individuals to identify themselves and the information requested to be accessed and amended before processing such requests, and we may decline to process requests in limited circumstances as permitted by applicable privacy legislation.

Questions or Comments

If you have additional questions or comments of any kind, or if you see anything on the Web Properties that you think is inappropriate or incorrect, please let us know by email or by sending your comments or requests to:

Poag Shopping Centers, LLC
1770 Kirby Parkway, Suite 215
Memphis, TN 38138
901.761.7604
Attn: General Counsel

Info@poagllc.com